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Corruption has long been identified as a governance challenge, yet it took states until the 1990s to adopt binding agreements combating it. While the rapid spread of anti-corruption treaties appears to mark a global consensus, a closer look reveals that not all regional and international organizations move on similar trajectories. This book seeks to explain similarities and differences between international anti-corruption agreements. In this volume Lohaus develops a comprehensive analytical framework to compare international agreements in the areas of prevention, criminalization, jurisdiction, domestic enforcement and international cooperation. Outcomes range from narrow enforcement cooperation to broad commitments that often lack follow-up mechanisms. Lohaus argues that agreements vary because they are designed to signal anti-corruption commitment to different audiences. To demonstrate such different approaches to anti-corruption, he draws on two starkly different cases, the Organization of American States and the African Union. Contributing to debates on decision-making in international organizations, this work showcases how global governance is shaped by processes of diffusion that involve state and non-state actors. The book highlights challenges as well as chances linked to the patchwork of international rules. It will be of great interest to students and scholars of IR theory, global governance, international organizations and regionalism.
The world has been bombarded in recent years with images of the luxurious lives and wealth of corrupt oligarchs and kleptocrats, amassed at the expense of ordinary people. Such images exploit our feelings of injustice, are taken as indicative of moral decay, and inspire a desire to purge our economies of dirty money, objects, and people. But why do anti-corruption efforts routinely fail? What kind of world are they creating? Looking at luxury art, antiquities, superyachts, and populist politics, this book explores the connection between luxury and corruption, and offers an alternative to the received wisdom of how we tackle corruption.
This book offers new ways of thinking about corruption by examining the two distinct ways in which policy approaches and discourse on corruption developed in the UN and the OECD. One of these approaches extrapolated transnational bribery as the main form of corrupt practices and advocated a limited scope offense, while the other approach tackled the broader structure of the global economic system and advocated curbing the increasing power of multinational corporations. Developing nations, in particular Chile, initiated and contributed much to these early debates, but the US-sponsored issue of transnational bribery came to dominate the international agenda. In the process, the ‘corrupt corporation’ was supplanted by the ‘corrupt politician’, the ‘corrupt public official’ and their international counterpart: the ‘corrupt country’. This book sheds light on these processes and the way in which they reconfigured our understanding of the state as an economic actor and the multinational corporation as a political actor.
Corruption remains a priority area for both the private sector and development implementers. However, there is no consensus on actionable steps toward addressing it on a global level. This issue is especially important in the context of international trade and development as the private sector plays an increasing role in development outcomes. Moreover, countries with the weakest governance structures tend to be those that most need economic development. This report reviews the literature surrounding corruption; identifies the opportunity costs of corruption; and posits actionable steps for the private sector to effectively address corruption worldwide, as well as ways for private-sector actors to work with governments to achieve this goal.
A frontline account of how to fight corruption, from Nigeria's former finance minister Ngozi Okonjo-Iweala. In Fighting Corruption Is Dangerous, Ngozi Okonjo-Iweala has written a primer for those working to root out corruption and disrupt vested interests. Drawing on her experience as Nigeria's finance minister and that of her team, she describes dangers, pitfalls, and successes in fighting corruption. She provides practical lessons learned and tells how anti-corruption advocates need to equip themselves. Okonjo-Iweala details the numerous ways in which corruption can divert resources away from development, rewarding the unscrupulous and depriving poor people of services. Okonjo-Iweala discovered just how dangerous fighting corruption could be when her 83-year-old mother was kidnapped in 2012 by forces who objected to some of the government's efforts at reforms led by Okonjo-Iweala—in particular a crackdown on fraudulent claims for oil subsidy payments, a huge drain on the country's finances. The kidnappers' first demand was that Okonjo-Iweala resign from her position on live television and leave the country. Okonjo-Iweala did not resign, her mother escaped, and the program of economic reforms continued. “Telling my story is risky,” Okonjo-Iweala writes. “But not telling it is also dangerous.” Her book ultimately leaves us with hope, showing that victories are possible in the fight against corruption.
Multilateral and bilateral aid agencies now direct much of their East Asia activities to so-called ''governance'' reform. Almost every major development project in the region must now be justified in these terms and will usually involve an element of legal institutional reform, anti-corruption initiatives or strengthening of civil society - and often a mix of all of these. Most are, in fact, major exercises in social engineering. Aid agencies and major multilateral players like the IMF, the World Bank and the Asian Development Bank, are attempting not just to improve governance systems and combat corruption but, implicitly, to restructure entire national political systems and administrative structures. ''Conditionality'' puts real weight behind these projects. If successful, they could transform the face of East Asia. Defining ''governance'' and understanding ''corruption'' are therefore not minor issues of terminology. However, a great deal of optimism is required to believe that social engineering for good governance will succeed in either Indonesia or Vietnam within the foreseeable future. In Indonesia, there is neither the political will nor the mechanism to act, since the legal system is itself utterly corrupted. Better laws have been passed, but they fail in implementation. In Vietnam the problems are somewhat different, but the outcomes are similar. Corruption is widely recognised to be a major political, social and economic issue - even by the Party itself - but few cases are ever tried. The bureaucracy (including the legal system) and the party are so complicit that reform is impossible. These systemic problems point to the basic flaw in the good governance agenda and strategy. A politically powerful alliance of foreign and domestic interests is necessary. Foreign multilateral agencies, donors and NGOs are able to set the international policy agenda, but their domestic allies are politically weak. In the absence of rule of law, the basic institutions of these transitional societies remain largely as they were and there is, as yet, no viable alternative system in either Indonesia or Vietnam. The argument of this book is that more might be achieved sooner by much better understanding of political, legal, commercial and social dynamics in Indonesia and Vietnam, not as they are meant to be but as they are. Multilateral agencies, donors, NGOs, business firms and scholars on the one hand; and local politicians, bureaucrats, business people, lawyers, journalists, academics, and NGOs on the other hand have much usefully to discuss. Only out of that dialogue, a dialogue between the world as it is and the world of ideals, can steady progress be made. This book examines these problems initially in an abstract theoretical sense before testing the frameworks thus established through a series of case studies of Indonesia and Vietnam, two very different Asian states: one (Vietnam) still socialist but in difficult transition from command economy to a limited market structure; the other (Indonesia) embracing a market economy and an emerging democratic system; one with a Confucian legal and political tradition, the other not; one with a socialist, the other a civil law, legal system. The book is divided into three parts. The first, ''Frameworks'', establishes some theoretical approaches to the problem of corruption and governance (including a East European example). The second part looks at case studies from Indonesia; and the third part looks specifically at Vietnam. Relevant legislation and judicial decisions can be found in the table of cases and a detailed glossary and list of abbreviations will assist readers unfamiliar with the countries under examination.ABOUT THE CONTRIBUTORSIbrahim Assegaf is the Executive Director of the Centre for Indonesian Law and Policy Studies (Pusat Studi Hukum dam Kebijakan Indonesia) and the Managing Director of the Indonesian law website, http://www.hukumonline.com. He is also a member of the Steering Committee for the Establishment of the Anti-Corruption Commission and for the UNDP''s Partnership for Governance Reform. Paul Brietzke is a Professor at Valparaiso University Law School (USA) and from January 1999 to August 2000 was Legal Advisor at the then Ministry of Justice of Indonesia in Jakarta. Howard Dick is an Associate Professor in the Australian Centre for International Business, University of Melbourne, Australia. John Gillespie is Associate Professor in the Law School, Deakin University, Melbourne, Australia. Gary Goodpaster is Professor of Law Emeritus, University of California School of Law, Davis; and former Chief of Party, Partnership for Economic Growth, a joint economic policy development project of USAID and the Government of Indonesia. Leslie Holmes is a Professor of Political Science and Director of the Contemporary Europe Research Centre at the University of Melbourne, Australia. He is also the President of the International Council for Central and East European Studies. Kanishka Jayasuriya is Senior Research Fellow, South East Asia Research Centre, City University of Hong Kong Tim Lindsey is Director of the Asian Law Centre and an Associate Professor in the Law School, both at the University of Melbourne, Australia. Elizabeth Maitland is Associate Director of the Australian Centre for International Business, University of Melbourne. Pip Nicholson is Associate Director (Vietnam) of the Asian Law Centre and a Senior Fellow of the Law School, both at the University of Melbourne, Australia. Veronica Taylor is Professor of Law and Director of the Asian Law Center, University of Washington, Seattle.
The revelation of widespread corruption in the Oil-for-Food Programme and the recent scandal involving the British arms manufacturer BAE Systems threatens to unravel the fragile global consensus on combating corruption. This paper outlines the emerging global consensus and legal framework on corruption and assesses the extent to which this consensus has been undermined by the above mentioned revelations of corruption. Both incidents provide interesting context in which to analyse some of the difficult issues presented in the regulation of transnational corruption. The regulation of transnational corruption provides a framework for analyzing the critical dimensions of the interaction between the norms in various domestic communities and the transnational context of these interactions. The paper argues that the current framework of multilateral efforts to curb transnational corruption is unable to tackle the problem effectively and concludes that the liability framework for engaging in transnational corruption has almost exclusively been the result of political expediency rather than that of empirical information. By examining the multilateral efforts by the international community to combat corruption, the paper generates questions about the status and future direction of the fight against corruption under international law.
Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.